Funny priceless photo. - Page 2

RawAlex · 10-07-2003

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Last edited by RawAlex at Oct 7 2003, 11:14 AM

Nickatilynx · 10-07-2003

I'd love to hear the Judges remarks who was asked to hear this case.

LOL

JR · 10-07-2003

Quote:

Originally posted by RawAlex@Oct 7 2003, 08:07 AM
JR, can't you read? You can spot spelling mistakes, but you can't get the jist of simple "who owns an image"? Your in the content business, no? Wow.

I didn't say Fallwell gave him permission - someone takes a picture of Fallwell at a press conference. They sell the rights to that image to Hustler. Hustler parodies Fallwell with the image.

There is no copyright violation, they own an image taken with permission (press conference, as an example) for publication purposes.

HOWEVER, that image could not be used for commercial promotion (used to promote a product or service). Also, Hustler could not make Fallwell appear to say "I read hustler, and I love the juicy pussy pictures inside"... that would not be parody (although humorous) but would malign the character of Mr Fallwell. (one L or two? I dunno...).

Parody has to be done with great care so as to not create confusion which is actionable. Where that line is differs in all cases. However, that ain't the issue here.

The issue is copyright violation. I notice you didn't answer on the other thread regarding that fact.

Alex

as Serge pointed out there still seems to be a great deal of confusion on this issue.

are you sure your right? do you own an image just because you are in the pic? what about celebrities? do they own every pic taken of them? if i take a pic at a football game, do i need a release from 65,000 people before i can post it on a messageboard? what is "Fair use" - what role does parody play in all this? does the law address this? Jerry Falwells pic is not used for commercial promotion in that example and neither is yours. i really dont understand any of this.

please educate me about copyright law.

JR · 10-07-2003

Quote:

Originally posted by RawAlex@Oct 7 2003, 07:56 AM
...

hehe... too late.

JR · 10-07-2003

Alex just attempted to destroy evidence.

RawAlex · 10-07-2003

JR, I am not a lawyer. I won't do your legal work for free.

Being in the content part of the business, I think you would be better versed in model releases, commerical and non-commercial use of images, public event images, etc. The images you are using do not have model releases, I gave no commercial or resale rights to the photographer. If they sold you the image, they have done so without a model release (and a model release ain't just to prove age, it is a grant of permission for use of likeness). If you are using it without compensation to the copyright holder, you are in violation of their copyright.

I removed all other posts I made from this thread, although the entire thread is archived.

I have nothing more to add to this thread.

Alex

Last edited by RawAlex at Oct 7 2003, 11:25 AM

Winetalk.com · 10-07-2003

Quote:

Originally posted by RawAlex@Oct 7 2003, 11:23 AM
JR, I am not a lawyer. I won't do your legal work for free.

Being in the content part of the business, I think you would be better versed in model releases, commerical and non-commercial use of images, public event images, etc. The images you are using do not have model releases, I gave no commercial or resale rights to the photographer. If they sold you the image, they have done so without a model release (and a model release ain't just to prove age, it is a grant of permission for use of likeness). If you are using it without compensation to the copyright holder, you are in violation of their copyright.

I removed all other posts I made from this thread, although the entire thread is archived.

I have nothing more to add to this thread.

Alex

any more?

you NEVER had anything to add of value to begin with,
besides your misunderstandings of the copyright laws...

Mike AI · 10-07-2003

I am jealous JR, when are you going to do some of my photos?!?!?!

Almighty Colin · 10-07-2003

Quote:

Originally posted by JR@Oct 7 2003, 10:49 AM
Alex, dont mess with this guy. He has a degree in physics from Yale... and a sharp sword. ... a bad, bad combination of knowledge and ability.

Alex, I'll fight JR in court with you! JR did NOT have my permission use my body like that.

JR · 10-07-2003

Quote:

Originally posted by RawAlex@Oct 7 2003, 08:23 AM

I have nothing more to add to this thread.

Alex

well, i think an apology from you would be appropriate.

Almighty Colin · 10-07-2003

Quote:

Originally posted by RawAlex@Oct 7 2003, 11:23 AM
The images you are using do not have model releases

"model"?

Dravyk · 10-07-2003

Quote:

Originally posted by RawAlex@Oct 7 2003, 10:49 AM
You can do parody all you want - providing you have the RIGHTS to use the image. Hustler can parody Fallwell in images because they have obtained the rights to use the basic image, they didn't just crop it out of a newspaper and fuck with it.

Buuzzzz. Wrong answer!

I'm not a lawyer either, but ...

- Yes the clips of people's faces on Hustler's Asshole of the Month feature came from whatever was handy (and I think there is court precedent on this one too, btw)

- 32 years of cut out newspaper photos on the Weekend Update report on Saturday Night Live.

- The edited mix of real news interviews with their own comic reporters on The Daily Show with Jon Stewart.

... Eh, I had more, but that's enough examples.

Winetalk.com · 10-07-2003

Drav, all good points
;-)))

10-07-2003	#51
RawAlex Members $100 for every ImLive sign-up Join Date: Oct 2002 Posts: 4,036	... Last edited by RawAlex at Oct 7 2003, 11:14 AM __________________ Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds

10-07-2003	#55
JR Members The global leader in pay-per-view AEBN Join Date: Jan 2003 Location: in my chair Posts: 3,320	Alex just attempted to destroy evidence. __________________

10-07-2003	#56
RawAlex Members $100 for every ImLive sign-up Join Date: Oct 2002 Posts: 4,036	JR, I am not a lawyer. I won't do your legal work for free. Being in the content part of the business, I think you would be better versed in model releases, commerical and non-commercial use of images, public event images, etc. The images you are using do not have model releases, I gave no commercial or resale rights to the photographer. If they sold you the image, they have done so without a model release (and a model release ain't just to prove age, it is a grant of permission for use of likeness). If you are using it without compensation to the copyright holder, you are in violation of their copyright. I removed all other posts I made from this thread, although the entire thread is archived. I have nothing more to add to this thread. Alex Last edited by RawAlex at Oct 7 2003, 11:25 AM __________________ Let's go to the edge of disaster Push the pedal and go a little faster Let's slam into a wall at ramming speed Let's go to the edge of a mountain Jump off and lets start countin' Hit the ground and tell me if it bleeds

10-07-2003	#58
Mike AI Administrator Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 11,618	I am jealous JR, when are you going to do some of my photos?!?!?! __________________ Make big money on your Domains! Why wait 40 days to get paid with the other guys? Parked.com pays the most for your traffic, and cuts checks twice a month!

10-07-2003	#63
Winetalk.com Prostate Examiner I quoff fine wine at corkd.com Join Date: Oct 2002 Location: good 'ole USA Posts: 21,018	Drav, all good points ;-))) __________________ why dogs sniff each other butts?

10-07-2003	#52
Nickatilynx Banned Want to see your own Advertising Here! Join Date: Oct 2002 Location: Vancouver Canada Posts: 15,115	I'd love to hear the Judges remarks who was asked to hear this case. LOL